Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

SMP conditions: procedure

Special rules for transnational markets
83
1
This section applies where a services market is for the time being identified by a decision of the European Commission under Article 15(4) of the Framework Directive as a transnational market.
2
Where the market area includes the whole or a part of the United Kingdom, OFCOM must enter into and maintain arrangements with the other relevant regulatory authorities about—
a
the extent to which the agreement of all the relevant regulatory authorities is required for the doing of any of the things mentioned in subsection (3); and
b
the procedures to be followed for securing that agreement where it is required.
3
Those things are—
a
the identification of the whole or a part of the market as a market in relation to which it is appropriate to determine whether a person has significant market power;
b
the making of such a determination in relation to the whole or a part of the market;
c
the setting of a condition the setting of which requires such a determination to have been made;
d
the modification or revocation of such a condition.
4
OFCOM must not do any of the things mentioned in subsection (3) except in accordance with arrangements maintained under that subsection.
5
Those arrangements may include arrangements requiring OFCOM, when doing any of those things, to comply with—
a
a decision made, by one or more other regulatory authorities; or
b
a decision made by a person appointed under the arrangements to act on behalf of some or all of the relevant regulatory authorities.
6
In this section—
- “market area”, in relation to a services market identified by the European Commission as a transnational market, means the area identified by that Commission as the area for which the market operates; and
- “relevant regulatory authorities”, in relation to such a market, means the regulatory authorities for each member State the whole or a part of which is comprised in the market area.
S. 83 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 83 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)